Virginia Senate approves ultrasound bill

RICHMOND – The Virginia state Senate has approved a controversial bill that would require pregnant women to undergo an ultrasound examination and then wait 24 hours before receiving an abortion.

Democrats amended the bill to exempt women who are pregnant as a result of rape or incest, if the crime has been reported to a law enforcement agency. They tried, to no avail, to add a number of other amendments, such as excluding women getting abortions for unviable fetuses, and over who would pay for the ultrasound.

The vote to approve the measure was 21 to 19. Sens. Charles Colgan, Prince William, and Phillip Puckett, Russell, were the only Democrats to vote for the bill. Republican Sen. John Watkins, Powhatan, voted against it.

The proposal was previously amended at the request of Gov. Bob McDonnell working with Republicans in the House of Delegates to do away with provisions requiring an intrusive transvaginal ultrasound – which had made the commonwealth the butt of scathing jokes on national late-night comedy shows like "Saturday Night Live" and "The Daily Show with Jon Stewart."

Sen. Ralph Northam, D-Norfolk, who is a pediatric neurologist, said it was "a bad bill before and a bad bill now," calling the measure an insult to both women and doctors.

"When we as a group of non-physicians start telling a doctor and a patient how they should practice medicine and the kind of medical care they receive, we are getting in way over our heads," said Northam who is the only medical doctor in the 40-member chamber. "This is a tremendous assault on women's health care. It is a tremendous insult to physicians practicing in the commonwealth of Virginia."

He pointed out that a transabdominal ultrasound during the first trimester of a pregnancy, when 98 percent of the abortions in the state are performed, is useless. "I might as well put the ultrasound probe on this bottle of Gatorade," he said, "I'm going to see just as much."

She had concerns about victims of rape and incest who decided not to report those incidents to police.

"It is not the role of government to subject victims of rape and incest – for those Virginians who choose not to report it – to a humiliating procedure that is meaningless, so that some elected officials can engage in political posturing and promotion of their anti-woman agenda," Locke said.

Sen. Steve Martin, R-Chesterfield, who took the lead for Republicans in the debate insisted the measure was an attempt to update the state's informed consent laws regarding abortions.

"The bill does not mandate a procedure," Martin said. "It requires that in the event an abortion is being considered the physical development of the unborn child is fully understood."

McDonnell, who pointed out that he sponsored the informed consent legislation in the General Assembly 21 years ago, said he has always been clear in his support of fetal ultrasounds before abortions.

"I said from the beginning I support the concept of an ultrasound requirement," McDonnell said. "When I sign the bill Virginia will be one of 24 states that have some sort of ultrasound requirement... So we're in the mainstream of where states are....and I think it's important to have all the medical information available."

National attention

National media attention and large protests against the measure at the state Capitol may have influenced the governor's decision to step in and help modify the legislation last week. McDonnell has been traveling the country stumping for GOP presidential candidate Mitt Romney and is seen as a contender for vice president.

But McDonnell said he welcomed the protests as part of the democratic process.

"I support people using their rights whether they agree with me or not," McDonnell said. "People being engaged and being passionate about what they believe in and expressing their opinions on all sides of issues I think is great. It helps to inform democracy."

One pro-choice group involved in the protests, NARAL Pro-Choice Virginia, however, felt the vote was an example of lawmakers ignoring the voice of the people.

"Thousands of Virginians who have spoken out against this legislation have been ignored," said the group's executive director Tarina Keene. "Virginians have made it clear that this intrusion into the doctor-patient relationship is out of touch with their values and priorities. Women will hold them accountable for this government overreach into their private decisions and their constitutional rights."

But Victoria Cobb, president of the pro-life Family Foundation, said lawmakers were acting on the will of the people who put them in office.

"Pro-life Virginians, not cast members of 'Saturday Night Live,' sent legislators to this General Assembly ... to pass legislation like this because they understand that abortion is an invasive and risky procedure and that the abortion industry simply cannot be trusted put the woman's health and safety ahead of its profits," she said.

The fetal ultrasound measure now goes back to the House for that chamber to approve changes made by the Senate. If the House approves the changes, the bill will be sent on to the governor.